MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 February 2000                   
	DOCKET NUMBER:   AR1999023518

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude enlistment.

APPLICANT STATES:  In effect, he would like to have his reenlistment code changed.  He has tried several times to reenlist and could not because of his code.  He further states that he has never had any serious infractions while in the Army.

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 20 November 1956.  He completed 9 years of formal education.  He enlisted in the Regular Army on 6 August 1976, for 3 years, with no prior service.  He completed his required training and was awarded military occupational specialty 16R10 (Short Range Air Defense Artillery Crewman).  The highest pay grade achieved was E-2. 

The DA Form 1315 shows that the applicant was counseled on several occasions concerning his lack of motivation, unacceptable attitude, refusing to follow instructions, being disrespectful, uniform deficiencies and his appearance.

On 6 April 1977, the unit commander notified the applicant that he was initiating action for separating him under the provisions of Army Regulation 635-200, Chapter 5-37, expeditious discharge.  The commander cited that the applicant had demonstrated a total lack of motivation and an unacceptable attitude during his entire tenure in the unit.  He had repeatedly created problems for the Squad Leader and Platoon Sergeant by refusing to follow instructions.  He was disrespectful and had made no attempt what so ever to correct deficiencies in his uniform and appearance even after being told to do so on several occasions.  He had been counseled on many occasions, none of which have resulted in any improvement in his performance.

On 7 April 1977, the applicant acknowledged notification of the action and voluntarily consented to the discharge.  The applicant was advised by legal counsel of the basis for the contemplated separation action and the rights available to him.  He was afforded the opportunity to submit statements in his behalf, but declined to do so.

A mental and a physical evaluation found the applicant fit for retention.

On 18 April 1977, the appropriate authority approved the recommendation and directed that the applicant be separated from the service under the provisions of Army Regulation 635-200, paragraph 5-37, Honorable Discharge, by reason of lack of motivation, poor attitude, and lack of self discipline.

On 2 May 1977, the applicant was discharged, in pay grade E-2,
under the provisions of Army Regulation 635-200, paragraph 5-37, (Expeditious Discharge Program) with an honorable discharge.  He had completed 8 months and 27 days of creditable active service.  He was given a reentry code of RE-3.

Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel.  The pertinent paragraph in Chapter 5 provided that members who have demonstrated that they cannot or will not meet acceptable standards required of enlisted personnel because of poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally or failure to demonstrate promotion potential may be discharged.  It provides for the expeditious elimination of substandard, nonproductive soldiers before board or punitive action becomes necessary.  No member will be discharge under this program unless he/she voluntarily consents to the proposed discharge.  Issuance of an honorable discharge certificate is predicted upon proper military behavior and proficient performance of duty during the member’s current enlistment with due consideration for the member’s age, length of service, grade and general aptitude.  A general discharge is a separation from the Army under honorable
conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-3 applies to person not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have lost time, local bars to reenlistment and those discharge under the provisions of chapter 9, 10. 11. 13 and 14 of Army Regulation 635-200 are assigned an RE-3

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4 of Army Regulation 601-210 (RA and Army Reserve Enlistment Program).  Therefore, since enlistment criteria does change, and since you have the right to apply for a waiver, it is suggested that you periodically visit your local recruiting station to determine if you should apply for a waiver.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant was discharged and assigned a reentry code in accordance with the regulation then in effect.

3.  There is no basis for removal of the RE code from the applicant’s record.  The disqualification upon which the code was based, however, can be waived for reenlistment purposes.

4.  In view of the circumstances in this case, the assigned reentry eligibility code was and still is appropriate.

5.  Therefore in view of the foregoing, there is no basis for granting the applicant’s requests.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__vbc___  __jps___  __klw___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999023518	
SUFFIX		
RECON		
DATE BOARDED	20000210	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19770502	
DISCHARGE AUTHORITY	AR635-200, Chap 5-37 .  .  .  .  .  	
DISCHARGE REASON	A07.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0700	
2.		
3.		
4.		
5.		
6.